Poe Says Bill Would Help CBP Agents Detect Counterfeits
CBP agents would get "clear authority" to seek the assistance of trademark and copyright owners in identifying illegal products at the border, under legislation (HR-22), the Foreign Counterfeit Merchandise Prevention Act, being proposed by Rep. Ted Poe (R-Texas). Among other things, the bill would reverse a legal interpretation of the Trade Secrets Act by CBP that was communicated to field staff in 2008, according to a "Dear Colleagues" letter that Poe is circulating.
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In the legal interpretation, CBP officers were told to remove or obliterate the most useful information appearing on the product or its packaging, including bar codes or other identifying marks before sharing information with a rightsholder, Poe said. "With the increased sophistication of counterfeiters, [getting assistance directly from trademark owners] often is the only way a CBP officer can determine a real product from an illegal fake," he said. "Without the authority to share even a simple un-redacted photo of the product or packaging to help spot the fakes, CBP officers are left to make determinations with minimal information."
Poe said the bill "will also ensure increased information sharing for critical products that, if counterfeit, threaten the health and safety of American consumers or jeopardize national security."
HR-22 has been supported by the Semiconductor Industry Association, the U.S. Chamber of Commerce, and the International Trademark Association, Poe said.